My late mother (Hindu, d. 2013) has three surviving legal heirs – her widower husband (my father), her unmarried elder son (my brother), and myself (unmarried younger son); all Hindu. There’s a piece of non-agricultural land (meant for the house) registered in her name. Legal heir document is available in the name of us three.
Can we construct a residential house on it? Is the transfer of title of the land (mutation) mandatory before initiating construction? Who needs to apply for building plan approval before the civic authority among us three? In whose name Electricity, Water etc. connections need to be applied? House once constructed, in whose name will it be, who’ll be its owner.
It is not specified whether the land in question is your mother’s stridhan or self-acquired property. However, as it is registered in her name and all of you are her legal heirs, it can be assumed that she is the absolute owner of the property.
Based on these facts, you are entitled to construct a house on the land. As it is non-agricultural land, there is no need to change the land use.
If your intention is to construct a house only, then you must first partition the land. After your mother’s passing, all legal heirs have an equal right to the property. Therefore, partitioning the land among the legal heirs is mandatory.
Once the partition is complete, you should get the mutation of your portion of land done in your name. Mutation serves as evidence to prove possession of the property and grants you actual possession over the land. After the mutation, you can construct your house and are entitled to obtain a loan against it.
If the land falls under the jurisdiction of a development authority, their permission is mandatory. The development authority prepares a master plan and zonal development plan for the city and ensures that all development is carried out under these plans.
After the partition and mutation of land, you will become the absolute owner of your portion of land. Thereupon, you can proceed with the construction of your house without any hindrance.
